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. Last Updated: 07/27/2016

Microsoft Wants Case in Appeals Court




NEW YORK -- In a legal document filed Wednesday, Microsoft argued that the government's antitrust case is "completely unsuitable for direct appeal" to the U.S. Supreme Court because it is complex and because the trial judge made "serious and substantive procedural errors."


Microsoft wants its appeal to go first to the federal appeals court in Washington, which ruled in the company's favor in a related case.


The company's argument, filed with the Supreme Court, rests heavily on a scathing attack on the work of Judge Thomas Penfield Jackson, who heard the lawsuit in the U.S. District Court.


First, the company said, the judge improperly allowed the Justice Department and 19 states suing the company to widen their case. Then, Jackson assured the company his findings would be based on the original complaint, the Microsoft filing said.


Jackson ruled earlier this year that Microsoft was a monopolist that had repeatedly violated antitrust laws.